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B-197052 1 (1981-02-04)

handle is hein.gao/gaobadjby0001 and id is 1 raw text is: DECISION FILE: B-197052 MATTER DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20548 DATE: February q', 191 OF: Panama Canal Commission Liability and Settlement Authority on Claims - Reconsideration Panama Canal Coaission, successor agency to Canal Zone Government and Panama Canal Company, may pay claims against the Company arising before October 1, 1979 for damage to vessels and for other tort liability which arises while the vessels are outside the locks but within Canal waterways. Mone- tary limitations set forth in the Panama Canal Act of 1979, Pub. Law 96-70, 93 Stat. 452, do not apply to such claims because general savings statute, 1 U.S.C. 5 109, preserves both liability for and authority to pay such claims which previously existed under the Canal Zone Code. Panama Canal Commission Liability and Settlement Authority on Claims, B-197052, April 22, 1980, modified accordingly. This is in response to a letter from Fernando Manfredo1 Jr., Acting Administrator, Panama Canal Ccmission (Commission)_equest- ing reconsideration of a portion of our decision,r.Panama Canal Commission Liability and Settlement Authority on tlaims, B-197052, April 22, 1980. ,Specifically,reconsideration is requested of our holding that the Conission's authority to settle claims against the Panama Canal Company, arising before October 1, 1979, for damage to vessels (and for other torts) occurring while the vessels are outside the locks but within the Panama Canal waterways, but on which no suit was filed before that date, is subject to the monetary limitations set forth in the Panama Canal Act of 1979_(Public Law 96-70, 93 Stat. 452). On review of our decision in light of the points raised by Mr. Manfredo, we are now persuaded that the new monetary limitations are not applicable. LThe CYmission agrees with us that it would be fully liable on pre-existing claims against the Panama Canal Company (Company) by virtue of the so-called general saving statute, 1 U.S.C. § 109, which provides that repeal of a statute does not extinguish any liability incurred under the statute (unless expressly so provided) and that the repealed statute shall be treated as remaining J.n force for the purpose of sustaining an action for enforcement of the liability. The Comnission, however, takes issue with our earlier I, Y2~F Y f ut,

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